Peerage Act 1963
Get Peerage Act 1963 essential facts below. View Videos or join the Peerage Act 1963 discussion. Add Peerage Act 1963 to your PopFlock.com topic list for future reference or share this resource on social media.
Peerage Act 1963

Peerage Act 1963
Long titleAn Act to authorise the disclaimer for life of certain hereditary peerages; to include among the peers qualified to sit in the House of Lords all peers in the peerage of Scotland and peeresses in their own right in the peerages of England, Scotland, Great Britain and the United Kingdom; to remove certain disqualifications of peers in the peerage of Ireland in relation to the House of Commons and elections thereto; and for purposes connected with the matters aforesaid.
Citation1963 c. 48
Territorial extentEngland and Wales; Scotland; Northern Ireland
Dates
Royal assent31 July 1963
Commencement31 July 1963
Other legislation
Amended byStatute Law (Repeals) Act 1974, House of Lords Act 1999
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Peerage Act 1963 (c. 48) is an Act of the Parliament of the United Kingdom that permitted women peeresses and all Scottish hereditary peers to sit in the House of Lords, and which allows newly inherited hereditary peerages to be disclaimed.

Background

The Act resulted largely from the protests of Labour politician Tony Benn, then the 2nd Viscount Stansgate.[1] Under British law at the time, peers of the United Kingdom (who met certain qualifications, such as age) were automatically members of the House of Lords and could not sit in or vote in elections for the other chamber, the House of Commons.

When William Wedgwood Benn, Tony Benn's father, agreed to accept the Viscountcy, he ascertained that the heir-apparent, his eldest son Michael, did not plan to enter the House of Commons. However, within a few years of the peerage being accepted, Michael Benn was killed in action in the Second World War. Tony Benn, his younger brother, became heir-apparent to the peerage and was elected to the House of Commons in 1950. Not wishing to leave it for the other House, he campaigned through the 1950s for a change in the law. In 1960, the 1st Viscount died and Tony Benn inherited the title, automatically losing his seat in the House of Commons as a member for the constituency of Bristol South East. In the ensuing by-election, however, Benn was re-elected to the Commons, despite being disqualified. An election court ruled that he could not take his seat, instead awarding it to the runner-up, the Conservative Malcolm St Clair.[2]

In 1963, the Conservative Government agreed to introduce a Peerage Bill, allowing individuals to disclaim peerages; it received Royal Assent on 31 July 1963.[3] Tony Benn was the first peer to make use of the Act. St Clair, fulfilling a promise he had made at the time of taking his seat, accepted the office of Steward of the Manor of Northstead the previous day,[4] thereby disqualifying himself from the House (outright resignation is prohibited), and Benn was then re-elected in Bristol South East at the ensuing by-election.

Disclaiming peerages

To disclaim a hereditary peerage, the peer must deliver an instrument of disclaimer to the Lord Chancellor within one year of succeeding to the peerage, or within one year after the passage of the Act, or, if under the age of 21 at the time of succession, before the peer's 22nd birthday. If, at the time of succession, the peer is a member of the House of Commons, then the instrument must be delivered within one month of succession, and until such an instrument is delivered, the peer may neither sit nor vote in the lower House. Prior to the House of Lords Act 1999, a hereditary peer could not disclaim a peerage after having applied for a writ of summons to Parliament; now, however, hereditary peers do not have the automatic right to a writ of summons to the House. A peer who disclaims the peerage loses all titles, rights and privileges associated with the peerage; if they are married, so does their spouse. No further hereditary peerage may be conferred upon the person, but a life peerage may be. The peerage remains without a holder until the death of the peer who had made the disclaimer, when it descends to his or her heir in the usual manner.

The one-year window after the passage of the Act soon proved to be of importance at the highest levels of British politics, after the resignation of Harold Macmillan as Prime Minister in October 1963. Two hereditary peers wished to be considered to replace him, but by this time it was considered requisite that a Prime Minister sit in the Commons. The 2nd Viscount Hailsham and The 14th Earl of Home took advantage of the Act to disclaim their peerages, despite having inherited them in 1950 and 1951 respectively.[1] Sir Alec Douglas-Home, as Lord Home now became, was chosen as Prime Minister; both men later returned to the House of Lords as life peers.

Since the abolition in 1999 of the general right of hereditary peers to sit in the House of Lords, and the consequent removal of the general disability of such peers to sit in or vote for the House of Commons, it is no longer necessary for hereditary peers to disclaim their peerages for this purpose. In 2001, The 3rd Viscount Thurso became the first British hereditary peer to be elected to the Commons and take his seat. Later that year, Douglas Hogg inherited the peerage his father (Quintin Hogg) had disclaimed, but did not have to disclaim it himself to continue sitting in the House of Commons. In 2004, Michael Ancram became Marquess of Lothian on the death of his father, and was also able to continue sitting as an MP. On their retirements from the House of Commons, Lord Lothian (formerly Lord Ancram) and Hogg entered the House of Lords as life peers, while Lord Thurso was elected as an excepted hereditary peer after losing reelection as an MP. Since the chief purpose for the Act ended in 1999, only one disclaimer has occurred -- Christopher Silkin disclaimed the title 3rd Baron Silkin in 2002.

The Act only applies to titles held in the Peerage of England, the Peerage of Scotland, the Peerage of Great Britain, and the Peerage of the United Kingdom. No provision was made by the Act for titles in the Peerage of Ireland to be disclaimed, as the entitlement of new Irish representative peers to be elected to sit in the House of Lords was considered to have lapsed after most of Ireland became independent as the Irish Free State in December 1922 (and the last surviving Irish representative peer had died in 1961).

Other provisions

The Act granted Peers of Scotland the same right to sit in the House of Lords as Peers of England, Great Britain or the United Kingdom, thereby ending the election of representative peers, thereby increasing the number of Peers of Scotland in the Lords (who did not already sit as holder of another British peerage) from 16 to about 46.[5] An amendment that would have allowed Irish peers to sit in the House as well was defeated by ninety votes to eight.

The Act removed the disqualification of Peers of Ireland, by virtue of an Irish peerage, to vote in elections for members of the House of Commons; and to sit in the British House of Commons without losing the privilege of peerage.[6]

The Act also granted suo jure hereditary women peers (other than those in the Peerage of Ireland) the right to sit in the House of Lords, which introduced twelve new women to the House. This was not the first time that women were members of the House of Lords; the Life Peerages Act 1958 allowed all life peers (men and women) to sit in the House. The 2nd Baroness Ravensdale had already entered the Lords in 1958 through the receipt of a life peerage. The women who took their seats in the House after the Peerage Act 1963 and before the House of Lords Act 1999 were:

Female Hereditary Peers

Female hereditary peers who took their seat[7]
Title Name Date inherited Peerage Date took seat Date left House of Lords Ref.
Kingdom of England The Baroness Strange of Knokin Elizabeth Philipps, Viscountess St Davids 23 February 1921 [8] 19 November 1963 12 December 1974 [9]
Kingdom of England The Baroness Audley Rosina MacNamee 3 July 1963 20 November 1963 24 October 1973 [10]
Kingdom of England The Baroness Beaumont Mona Fitzalan-Howard, Baroness Howard of Glossop 1 June 1896 [8] 4 December 1963 31 August 1971 [11]
Kingdom of Scotland The Lady Kinloss Mary Freeman-Grenville 17 October 1944 18 February 1964 11 November 1999 [12]
Kingdom of Scotland The Countess of Erroll Diana Hay 24 January 1941 29 July 1964 16 May 1978 [13]
Kingdom of Scotland The Lady Nairne Katherine Bigham, Viscountess Mersey 3 June 1927 27 October 1964 20 October 1995 [14]
Kingdom of Scotland The Lady Sempill Ann Forbes-Sempill 30 December 1965 19 July 1966 6 July 1995 [15]
Kingdom of England The Baroness Berkeley Mary Foley-Berkeley 5 April 1967 [8] 10 May 1967 17 October 1992 [16]
Kingdom of Scotland The Countess of Loudoun Barbara Abney-Hastings 24 February 1960 22 June 1967 11 November 1999 [17]
Kingdom of Scotland The Lady Ruthven of Freeland Bridget Monckton, Viscountess Monckton of Brenchley 6 April 1956 26 October 1967 17 April 1982 [18]
Kingdom of Scotland The Countess of Sutherland Elizabeth Sutherland 1 January 1963 27 March 1968 11 November 1999 [19]
Kingdom of England The Baroness Darcy de Knayth Davina Ingrams 23 March 1943 15 July 1969 24 February 2008 [20]
Kingdom of England The Baroness Dacre Rachel Douglas-Home 24 February 1970 [8] 28 May 1970 11 November 1999 [21]
United Kingdom The Baroness Portal of Hungerford Rosemary Portal 22 April 1971 26 April 1972 29 September 1990 [22]
Kingdom of England The Baroness Dudley Barbara Hamilton 19 April 1972 23 May 1973 11 November 1999 [23]
Kingdom of England The Baroness Lucas Anne Palmer 3 November 1958 10 June 1975 31 December 1991 [24]
Kingdom of Scotland The Countess of Mar Margaret of Mar 21 April 1975 28 October 1975 1 May 2020 [25]
Kingdom of Scotland The Lady Saltoun Marjorie Fraser 3 December 1979 13 December 1979 12 December 2014 [26]
Kingdom of England The Baroness Braye Mary Aubrey-Fletcher 19 December 1985 09 April 1986 11 November 1999 [27]
Kingdom of England The Baroness Strange Jean Drummond of Megginch 10 December 1986 [8] 17 December 1986 11 March 2005 [28]
United Kingdom The Countess Mountbatten of Burma Patricia Knatchbull, Baroness Brabourne 27 August 1979 8 July 1987 11 November 1999
Kingdom of England The Baroness Wharton Myrtle Robertson 4 April 1990 [8] 25 June 1990 15 May 2000 [29]
Kingdom of England The Baroness Willoughby de Eresby Jane Heathcote-Drummond-Willoughby 29 March 1983 25 January 1994 11 November 1999 [30]
Kingdom of England The Baroness Berners Pamela Kirkham 30 June 1995 [8] 25 October 1995 11 November 1999 [31]
Kingdom of England The Baroness Arlington Jennifer Forwood 28 April 1999 [8] 27 May 1999 11 November 1999 [32]

Scottish Hereditary Peers

The following representative peers became automatic members:

In addition to the aforementioned female peers in the Peerage of Scotland, the following Scottish peers also became eligible to sit:

The following peers became members who already had Imperial status (only the senior title):

Caption text
Name Imperial Title
Douglas Douglas-Hamilton, 14th Duke of Hamilton Kingdom of Great Britain Duke of Brandon
Walter Montagu Douglas Scott, 8th Duke of Buccleuch and 10th Duke of Queensbury Kingdom of England Earl of Doncaster
Ian Campbell, 11th Duke of Argyll United Kingdom Duke of Argyll
James Graham, 7th Duke of Montrose United Kingdom Earl Graham of Belford
George Innes-Ker, 9th Duke of Roxburghe United Kingdom Earl Innes
Douglas Gordon, 12th Marquess of Huntly United Kingdom Baron Meldrum
David Hay, 12th Marquess of Tweeddale United Kingdom Baron Tweeddale
Peter Kerr, 12th Marquess of Lothian United Kingdom Baron Ker of Kersehugh
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]
[[]]

List of disclaimed peerages

Key
double-dagger Indicates peerage which is currently disclaimed
Title(s) Disclaimed by; life Time disclaimed Notes Ref.
United Kingdom Viscount Stansgate Tony Benn
2nd Viscount
1925-2014
1963 to 2014 Extant; inherited in 2014 by Stephen Benn, 3rd Viscount Stansgate [1][4]
United Kingdom Baron Altrincham John Grigg
2nd Baron
1924-2001
1963 to 2001 Extant; inherited in 2001 by Anthony Grigg, 3rd Baron Altrincham [4][33]
Kingdom of Scotland Earl of Home Sir Alec Douglas-Home
14th Earl
1903-1995[a]
1963 to 1995 Extant; inherited in 1995 by David Douglas-Home, 15th Earl of Home [34][1]
United Kingdom Viscount Hailsham Quintin Hogg
2nd Viscount
1907-2001[b]
1963 to 2001 Extant; inherited in 2001 by Douglas Martin Hogg, 3rd Viscount Hailsham [35][1]
Kingdom of Great Britain Baron Southampton Charles FitzRoy
5th Baron
1904-1989
1964 to 1989 Extant; inherited in 1989 by Charles FitzRoy, 6th Baron Southampton [36]
United Kingdom Baron Monkswell William Collier
4th Baron
1913-1984
1964 to 1984 Extant; inherited in 1984 by Gerard Collier, 5th Baron Monkswell [37]
United Kingdom Baron Beaverbrook Sir Max Aitken, Bt.
2nd Baron
1910-1985
1964 to 1985 Extant; inherited in 1985 by Maxwell Aitken, 3rd Baron Beaverbrook [38]
Kingdom of England Earl of Sandwich Victor Montagu
10th Earl
1906-1995
1964 to 1995 Extant; inherited in 1995 by John Montagu, 11th Earl of Sandwich [39]
United Kingdom Baron Fraser of Allander Sir Hugh Fraser, Bt.
2nd Baron
1936-1987
1966 to 1987 Extinct 1987 [40]
United Kingdom Earl of Durham Antony Lambton
6th Earl
1922-2006
1970 to 2006 Extant; inherited in 2006 by Edward Lambton, 7th Earl of Durham [41]
double-daggerUnited Kingdom Baron Sanderson of Ayot Alan Lindsay Sanderson
2nd Baron
born 1931
Since 1971 [42]
United Kingdom Baron Reith Christopher Reith
2nd Baron
1928-2016
1972 to 2016 Extant; inherited in 2016 by James Reith, 3rd Baron Reith [43]
United Kingdom Baron Silkin Arthur Silkin
2nd Baron
1916-2001
1972 to 2001 Inherited in 2001 by Christopher Silkin, 3rd Baron Silkin, who also disclaimed the peerage [44]
United Kingdom Baron Archibald George Christopher Archibald
2nd Baron
1926-1996
1975 to 1996 Extinct 1996 [45]
United Kingdom Baron Merthyr Trevor Lewis
4th Baron
1935-2015
1977 to 2015 Extant; inherited in 2015 by David Lewis, 5th Baron Merthyr [46]
double-daggerKingdom of Scotland Earl of Selkirk Lord James Douglas-Hamilton
11th Earl
born 1942[c]
Since 1994 [47]
United Kingdom Viscount Camrose Michael Berry, Baron Hartwell
3rd Viscount
1911-2001
1995 to 2001 Extant; inherited in 2001 by Adrian Berry, 4th Viscount Camrose [48]
double-daggerUnited Kingdom Baron Silkin Christopher Silkin
3rd Baron
born 1947
Since 2002 [49]
Notes
  1. ^ Created life peer as Baron Home of the Hirsel, 1974.
  2. ^ Created life peer as Baron Hailsham of St Marylebone, 1970.
  3. ^ Created life peer as Baron Selkirk of Douglas, 1997.

See also

References

  1. ^ a b c d e "Disclaiming a peerage". BBC News. London: British Broadcasting Corporation. 14 July 2005. Retrieved 2008.
  2. ^ Zander, Michael, QC (11 April 2014). "How to lose a title". New Law Journal (7602). Retrieved 2015.
  3. ^ "No. 43072". The London Gazette. 2 August 1963. pp. 6533-6534.
  4. ^ a b c "No. 43072". The London Gazette. 2 August 1963. p. 6534.
  5. ^ "Election By Scots Peers". The Times. London. 7 October 1959. p. 14. There were 115 Peers of Scotland at the time of the last representatives' election in 1959, but most of these already sat in the Lords as they held another title in the Peerage of England, Great Britain or the United Kingdom. Peerage of Scotland lists only 45 exclusively-Scottish peers as of 2020, and the Earldom of Breadalbane and Holland (plus subsidiary titles) was the only exclusively Scottish peerage to become dormant or extinct since 1963.
  6. ^ "Peerage Act 1963". www.legislation.gov.uk. Retrieved 2019.
  7. ^ "Lords Membership: Lists of Current and Former Female Peers". parliament.uk. 30 January 2018. Retrieved 2018.
  8. ^ a b c d e f g h i j Abeyance Terminated
  9. ^ "Baroness Strange Of Knokin - Hansard". hansard.parliament.uk.
  10. ^ "House Of Lords - Hansard". hansard.parliament.uk.
  11. ^ "Baroness Beaumont - Hansard". hansard.parliament.uk.
  12. ^ "House Of Lords - Hansard". hansard.parliament.uk.
  13. ^ "House Of Lords - Hansard". hansard.parliament.uk.
  14. ^ "Leave Of Absence - Hansard". hansard.parliament.uk.
  15. ^ "House Of Lords - Hansard". hansard.parliament.uk.
  16. ^ "Baroness Berkeley - Hansard". hansard.parliament.uk.
  17. ^ "House Of Lords - Hansard". hansard.parliament.uk.
  18. ^ "Lord Delacourt-Smith - Hansard". hansard.parliament.uk.
  19. ^ "House Of Lords - Hansard". hansard.parliament.uk.
  20. ^ "House Of Lords - Hansard". hansard.parliament.uk.
  21. ^ "Baroness Dacre - Hansard". hansard.parliament.uk.
  22. ^ "Baroness Portal Of Hunger Ford - Hansard". hansard.parliament.uk.
  23. ^ "House Of Lords - Hansard". hansard.parliament.uk.
  24. ^ "House Of Lords - Hansard". hansard.parliament.uk.
  25. ^ "The Lord Bishop Of Norwich - Hansard". hansard.parliament.uk.
  26. ^ "House Of Lords - Hansard". hansard.parliament.uk.
  27. ^ "House Of Lords - Hansard". hansard.parliament.uk.
  28. ^ "Barony Of Strange - Hansard". hansard.parliament.uk.
  29. ^ "The Barony Of Wharton - Hansard". hansard.parliament.uk.
  30. ^ "House Of Lords - Hansard". hansard.parliament.uk.
  31. ^ "The Barony Of Berners - Hansard". hansard.parliament.uk.
  32. ^ "The Barony Of Arlington - Hansard". hansard.parliament.uk.
  33. ^ "Proposals for reform of the composition and powers of the House of Lords, 1968-1998" (PDF). Library Note (LLN 98/004). House of Lords Library. 14 July 1998. p. 81. Archived from the original (PDF) on 20 November 2006. Retrieved 2008. Mr. Grigg, who had disclaimed his hereditary peerage as Lord Altrincham in 1963
  34. ^ "No. 43143". The London Gazette. 25 October 1963. p. 8770.
  35. ^ "No. 43164". The London Gazette. 22 November 1963. p. 9515.
  36. ^ "No. 43273". The London Gazette. 17 March 1964. p. 2387.
  37. ^ "No. 43293". The London Gazette. 10 April 1964. p. 3085.
  38. ^ "No. 43353". The London Gazette. 12 June 1964. p. 5065.
  39. ^ "No. 43394". The London Gazette. 28 July 1964. p. 6412.
  40. ^ "No. 44197". The London Gazette. 13 December 1966. p. 13471.
  41. ^ "No. 45048". The London Gazette. 24 February 1970. p. 2263.
  42. ^ "No. 45484". The London Gazette. 30 September 1971. p. 10509.
  43. ^ "No. 45657". The London Gazette. 27 April 1972. p. 4999.
  44. ^ "No. 45675". The London Gazette. 22 May 1972. p. 6131.
  45. ^ "No. 46514". The London Gazette. 11 March 1975. p. 3312.
  46. ^ "No. 47209". The London Gazette. 29 April 1977. p. 5835.
  47. ^ "Hansard, Vol 250 Col 931". 28 November 1994. Retrieved 2008. The House has been officially notified today that the hon. Member for Edinburgh, West has disclaimed the title under the provisions of the Peerage Act 1963.
  48. ^ Hart-Davis, Duff (4 April 2001). "Lord Hartwell (obituary)". Independent.co.uk. London: Independent News and Media. Retrieved 2008.[dead link]
  49. ^ "House of Lords Journal 235 (Session 2001-02)". 16 May 2002. p. 724. Archived from the original on 5 June 2011. Retrieved 2008.

External links


  This article uses material from the Wikipedia page available here. It is released under the Creative Commons Attribution-Share-Alike License 3.0.

Peerage_Act_1963
 



 



 
Music Scenes